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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. Perennial forbs included altalta, blue flax, yarrow, American vetch, dandelion, Yampa, showy goldeneye, and various others. On the morning of July 28, I joined Dr. Buckner and his son/assistant Sage, as they collected herbaceous production data, cover data, and species presence/density data in a portion of the mountain brush extended reference area. Transect start points were randomly selected, plotted, and located as previously described. Production data was collected by clipping herbaceous growth within a Y: square meter circular quadrat (one quadrat per transectl. The actual location of the production quadrat was subjectively selected to be "representative" due to the low sample size obtained during annual monitoring. Dr. Buckner confirmed that the quadrat location would be consistently and objectively placed at a fixed point relative to the transect start point in association with future bond release sampling. Cover and species presence data was collected as previously described. A multiple hit cover sampling approach is employed, and due to the multiple vegetative layers with shrub overstory in the mountain brush community, several "second hits" on vegetation were recorded during the sampling observed. The ESCO point bar can be rotated to allow for shrub/tree canopy hits, as well as ground cover hits. The cover success standard to be employed at Seneca II-W, is "all hit" herbaceous cover. Dr. Buckner pointed out a couple of grass species common in the region, which may be quite commonly misidentified. One of the species is E/ymus a/bicans, which apparently originated from a cross between thickspike wheatgrass and bluebunch wheatgrass. It is common in sagebrush habitats, has awns similar in appearance to bluebunch wheatgrass, but is rhizomatous. The second species, Poa aggasizensis, is very similar in appearance to Poa pratensis, but is differentiated by spikelets that are mostly two flowered rather than three flowered, and by lemmas that are less cobwebby at the base. It is common in mountain shrub habitats, and is essentially the native counterpart to Kentucky bluegrass. The vegetation monitoring was being conducted in accordance with the approved permit and using valid quantitative procedures. 2004 Reveaetated Areas Because of the severe infestation of noxious weeds (black henbane, Canada thistle and bull thistle) observed and described in previous inspection reports in 2004 seeded areas of the "D" Pit area, I was concerned that there might be similar infestations on similar habitats in the lower "A" Pit. I was particularly concerned with potential weed invasion on the extensively roughened, south facing slopes of the "B" Pit, which had been broadcast seeded and planted with shrubs and native forbs, but not with grasses. Perce/ Between 006-NE2 and 006-NE1 Heavy growth of annual forbs, with dense patches of annual brome in some locations. Generally good initial establishment of seeded wheatgrasses, mountain brome, with scattered alfalfa, orchardgrass, and green needlegrass. Scattered individuals and small patches of Canada thistle and bull thistle. The 006-NE2 channel riprap had been scoured in a couple location and repair/replacement is warranted. Former scraper routes in this area had been recently seeded with oats; rill erosion along the lower steep segment of the primary scraper route warrants grading or roughening and reseeding. There is erosion in a few locations along graded ditches that lead to the 006-NE2 channel; these ditches will need to be repaired and seeded as warranted. There is intermittent gully erosion 12 to 15" deep on a slope in the 2004 reclamation several hundred yards south of the NE2 riprap channel. Also, in the swale area 4